Work Related ESA group appeal award. Backdated payments question...

Marshall2260

Hi, I've been claiming ESA since March 2014, went for the medical Assessment in November 2015 and was subsequently turned down for ESA. I appealed this decision immediately and the decision was overturned and it waa agreed I am entitled to Work Related Group payments.
I am wondering about the backdated payments. After the 13 weeks assessment phase you get the difference between standard payments of £73 a week to £102 a week. I am being told different things by Job centre staff. Some say I will get backdated payments from the date of the start of my ESA claim (March 2014). I am also being told the payments will be from the date the of the decision (Novemer 2015), and finally I am also being told the payments will be from January 2016 as this is when my ESA claim restarted following my appeal and mandatory consideration. Obviously I had to claim ESA following the decision to turn me down in November 2015, then reclaim in January 2016 at first opportunity.
Which one is correct? Honestly I will feel aggrieved if it is not from March 2014, when I first started my claim.
Any advice, much appreciated. Thanks

P.S - I also don't understand why I am in the WRAG but a guy I know is in the SG? We have similar health problems, mine are a bit worse and diagnosed more, but I am in WRAG, he is in SG and also he got accepted right away but I got turned down initially, which is baffling to me!

Marshall2260

Is there no way to edit a post?

Sorry, what I meant to say JSA, not ESA in the following sentence...
"Obviously I had to claim ESA following the decision to turn me down in November 2015"

pmlindyloo

If this is your first claim for ESA and your first WCA then you will be awarded the difference between the assessment rate of ESA (and the period of JSA) and your new award from the 14th week after you first claimed ESA.

nannytone_2

it will be backdated from the beginning of the 14th week of your claim ( so if you negan your claim in march 14 ... approx lune 14)

you have no way of knowing what evidence the other person had to support their claim or how well they explained their difficulties.

if your condition has worsened, you can ask for your claim to be looked at again, in the hope of being placed in the support group.

you should look at the support group descriptors and see if any apply to you.
you also need to provide evidence to support your claim

Marshall2260

Thanks guys. I don't really know the difference between WRAG and SG to be fair other than less money. As I say though, I don't understand why he is in a different group to me?
I have actually claimed ESA in the past. In 2011 I was claiming for around a year but was turned down again at the Medical Assessment, however at that point I just thought there was no hope of overturning an appeal, fortunately this time I had some support, my support worker and Citizens Advice advised me I should be entitled to it n get the decision overturned. In 2011 I had no support network...

nannytone_2

as i said previously ... you have to look at the support group descriptors.
if you feel you meet at least 1 of these, you can ask to be moved to the support group. you will need evidence to back up your claim.

you cannot compare yourself to anyone else, even if they have the same condition as everyone copes differently.
the other person may have had better evidence or completed their form better or explained themselves better at the assessment.

what anyone else does, or doesn't get is irrelevant to you and your claim

Marshall2260

Yes, I've just looked at the Support Group descriptors and what I was awarded points for 2 of the descriptors there. They are also in the WRAG descriptors...

Do you guys think I'd have any luck in appealing (If I am backdated to 2014) the backdated payments to 2011? I think there were possibly one or two breaks in my claim though from 2011 - 2014 due to missed appointments.

Thanks again

nannytone_2

it is up to you whether you ask to be moved to the support group, though considering the tribunal placed you in the WRAG, i would think it is highly unlikely that you meet any of the support group descriptors.

it will not be backdated to 2011 as you failed your medical and didn't appeal the decision. this means that the 2014 claim was a new claim and can't be linked to any previous claims

Marshall2260

Okay. I got you.
Well, I did appeal it back then. I just didn't turn up to the Tribunal. Still no good?

nannytone_2

if you didn't turn up, the claim would have been closed

nannytone_2

you woukdnt be appealing the tribunals decision ( the only way you could would be on a point of law ... if they had made a legal error in your claim) you would be asking for your award to be looked at again.
IF you were successful, it would only be backdated to the day they made a decision to place you in the support group ( the support element ... the WRAG element will be backdated to 2014)